Section 26.31 By State

• Library: Criminal Practice 2012 Supp

2. (§26.31) By State

Despite earlier authority to the contrary, it is now clear that the state cannot generally appeal the grant of a motion for new trial, which is viewed by the courts as an interlocutory, non-final order. State v. Ring, 86 S.W.3d 481, 483–84 (Mo. App. W.D. 2002); State v. Carter, 78 S.W.3d 786, 789 (Mo. App. E.D. 2002). Ring and Carter are based on the interplay of § 547.200.1 and .2, RSMo 2000, Rule 30.01, and State v. Burns, 994 S.W.2d 941 (Mo. banc 1999). Section 547.200.1 allows an interlocutory appeal by the state in four enumerated circumstances—when the trial...